A mere statement made by a party in court, even if it is recorded, does not amount to an undertaking given to the court.

V.S.Aggarwal, J.

1. The short question that comes up for consideration and seeks answer is as to if the respondent can be termed to have committed any contempt of Court.

2. The relevant facts are that petitioner Piar Kaur is resident of Amritsar. She owns house at Tonga Colony, Green Avenue, Amritsar. Her contention is that respondent was inducted as a licensee. A licence deed was executed. On the expiry of the period of licence, the respondent did not hand over vacant possession of the house to the petitioner. He filed a civil suit for permanent injunction to restrain the petitioner not to interfere in his possession. The petitioner had put in appearance and submitted the written statement. During the pendency of the suit, the respondent agreed to vacate the house on the intervention of certain respectables of the locality. In court, the statements have been recorded. The respondent had made the following statement :-

"Statement of Prithvipal Singh son of Mohinder Singh, aged 54 years, resident of 302, Green Avenue.

It is stated that I took the house No. 46-C situated in Tanga Colony, Green Avenue, Amritsar, from Smt. Piar Kaur on license @ Rs. 1650/- p.m. I will vacant this house after 7 months from today and continue to pay rent to Piar Kaur during this period. If I do not vacate the house after 7 months, Piar Kaur have full rights to get the house vacated in any other way. The period of 7 months will begin from 31st July, 1997. My suit may be dismissed as withdrawn."

3. Statement of the petitioner too was recorded and she had on objection in accepting what the respondent had told the Court. Thereupon, the suit as such had been dismissed. The order of the Court reads as under :-

"Present : Parties with the respective counsels.

Both the parties gave their statement and they will be bound by their statement. In view of the statement given by the plaintiff, suit is dismissed as withdrawn. File be consigned to record room.

20.12.1996.,

Sd/- Civil Judge,

Amritsar."

4. After the expiry of seven months period when the respondent did not vacate the property, the petitioner claimed that the respondent had violated the order of the Court and, therefore, invokes sections 10 and 12 of the Contempt of Courts Act.

5. In the reply filed, respondent has contested the application. It has been pointed out that it was not an undertaking given by the respondent to the Court to vacate and hand over the possession of the property. Plea was raised that even the petitioner has submitted an application in the trial Court under Order 39 Rule 2A of the Code of Civil Procedure and the said application has since been dismissed. The respondent did raise a plea that he is a tenant in the property and further the remedy of the petitioner is to file a suit for possession.

6. On the basis of these facts, it was urged that it was basically a compromise and there was no undertaking given to the Court. Therefore, the proceedings for contempt could not be initiated. The attention of the Court was drawn to certain precedents. Reference can well be made to some of them. The counsel relied upon the decision of the Supreme Court in the case of Chhaganbhai Norsinbhai v. Soni Chandubhai Gordhanbhai and others, AIR 1976 S.C. 1909. In the said case following undertaking had been given :-

"The defendant gives solemn undertaking to this Honble High Court that he will vacate suit premises by handing over the key of the premises to the Court of the Civil Judge, Junior Division, Anand, in pursuance of the decree within one and a half months after receipt of the notice from the plaintiffs that the plaintiff Dr. I.G. Soni has returned from abroad and intends to start medical practice in the suit premises."

7. It was held by the Supreme Court that it was not a consent order but an express undertaking given to the Court. Thus, contempt of Court had been committed. A bare reading of the statement that was made in that case clearly reveals that it was an undertaking given